Full Text of SB0630 94th General Assembly
SB0630enr 94TH GENERAL ASSEMBLY
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SB0630 Enrolled |
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LRB094 04370 RCE 34399 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5-87. The Whistleblower Reward and Protection Act | 5 |
| is amended by changing Section 3 as follows:
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| (740 ILCS 175/3) (from Ch. 127, par. 4103)
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| Sec. 3. False claims.
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| (a) Liability for certain acts. Any person who:
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| (1) knowingly presents, or causes to be presented, to | 10 |
| an officer or
employee of the State or a member of the | 11 |
| Guard a false or fraudulent claim
for payment or approval;
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| (2) knowingly makes, uses, or causes to be made or | 13 |
| used, a false record
or statement to get a false or | 14 |
| fraudulent claim paid or approved by the State;
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| (3) conspires to defraud the State by getting a false | 16 |
| or fraudulent
claim allowed or paid;
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| (4) has possession, custody, or control of property or | 18 |
| money used, or to
be used, by the State and, intending to | 19 |
| defraud the State or willfully to
conceal the property, | 20 |
| delivers, or causes to be delivered, less property
than the | 21 |
| amount for which the person receives a certificate or | 22 |
| receipt;
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| (5) authorized to make or deliver a document certifying | 24 |
| receipt of
property used, or to be used, by the State and, | 25 |
| intending to defraud the
State, makes or delivers the | 26 |
| receipt without completely knowing that the
information on | 27 |
| the receipt is true;
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| (6) knowingly buys, or receives as a pledge of an | 29 |
| obligation or debt,
public property from an officer or | 30 |
| employee of the State, or a member of
the Guard, who | 31 |
| lawfully may not sell or pledge the property; or
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| (7) knowingly makes, uses, or causes to be made or |
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SB0630 Enrolled |
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LRB094 04370 RCE 34399 b |
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| used, a false record
or statement to conceal, avoid or | 2 |
| decrease an obligation to pay or transmit
money or property | 3 |
| to the State,
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| is liable to the State for a civil penalty of not less than | 5 |
| $5,500
$5,000 and not
more than $11,000
$10,000 , plus 3 times | 6 |
| the amount of damages which the State
sustains because of the | 7 |
| act of that person. A person violating
this subsection (a) | 8 |
| shall also be liable to the State for the costs of a civil
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| action brought to recover any such penalty or damages.
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| (b) Knowing and knowingly defined. As used in this Section, | 11 |
| the terms
"knowing" and "knowingly" mean that a person, with | 12 |
| respect to information:
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| (1) has actual knowledge of the information;
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| (2) acts in deliberate ignorance of the truth or | 15 |
| falsity of the
information; or
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| (3) acts in reckless disregard of the truth or falsity | 17 |
| of the
information, and no proof of specific intent to | 18 |
| defraud is required.
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| (c) Claim defined. As used in this Section, "claim" | 20 |
| includes any
request or demand, whether under a contract or | 21 |
| otherwise, for money or
property which is made to a contractor, | 22 |
| grantee, or other recipient if the
State provides any portion | 23 |
| of the money or property which is requested or
demanded, or if | 24 |
| the State will reimburse such contractor, grantee, or other
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| recipient for any portion of the money or property which is | 26 |
| requested
or demanded.
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| (d) Exclusion. This Section does not apply to claims, | 28 |
| records, or
statements made under the Illinois Income Tax Act.
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| (Source: P.A. 87-662.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
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